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Broadcasting Notice of Public Hearing CRTC 2006-12

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Broadcasting Notice of Public Hearing CRTC 2006-12

The Commission will hold a public hearing commencing on 29 January 2007, at 9:00 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, to consider the following applications. The deadline for submission of interventions/comments is 4 January 2007.

Application by The Canadian Documentary Channel Limited Partnership, on behalf of the partners of The Canadian Documentary Channel Limited Partnership (CDC LP) (collectively the applicant), for authority to effect a change to the effective control of the national English-language Category 1 specialty programming undertaking known as The Canadian Documentary Channel, and for a new licence to continue its operation.

This transaction will be effected through the acquisition by the Canadian Broadcasting Corporation (CBC), a general partner of CDC LP, of the 53% CDC LP partnership interest held by YTV Canada, Inc. (YTV), the other general partner. As a result, CBC's partnership interest will increase from 29% to 82% and the effective control of the undertaking will change from Corus, the parent corporation of YTV, to CBC.

The applicant is requesting the issuance of a new licence to the remaining partners after the above transaction, being the Canadian Broadcasting Corporation (the general partner), 3366341 Canada Inc., Barna-Alper Productions Inc., CineNova Productions Inc., National Film Board of Canada and Omni Film Productions Ltd. (the limited partners), carrying on business as The Documentary Channel Limited Partnership, to continue the operation of the undertaking under the same terms and conditions as those set out in Decision CRTC 2000-455 and as amended in Broadcasting Decision CRTC 2004-422, upon surrender of the current licence.

Application by Holy Mother World Networks of Canada for a licence to operate a national English-language specialty audio programming undertaking.

The applicant is proposing a single faith religious service offering programming related to the Roman Catholic faith. The new service would provide programming such as daily prayers, rosary, mass, Vatican news, music, family and social programs.

Application by Sex-Shop Television inc., for a licence to operate a national French-language Category 2 pay television programming undertaking to be known as Télé Sex-shop.

The applicant confirms that its adult pay television programming will be dedicated to the themes of charm, sensuality, eroticism and sexuality. Programming may also include documentaries, news coverage and magazines focusing on the industries associated with these themes and the personalities revolving around these industries.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13, 14 and 15 as set out in Schedule I to the Specialty Services Regulations, 1990.

The applicant confirms that no more than 10% of its broadcast week will be devoted to category 7(d) programming (theatrical feature films aired on television).

The applicant agrees to devote 20% of the daytime broadcast period and of the evening broadcast period to Canadian programming until the end of the licence term.

The applicant further states that $150,000 in expenditures will be incurred to acquire Canadian programming in the first year. Starting in the second year of the licence term and in every subsequent year of the licence term, a minimum of 22% of gross revenue will be dedicated to the acquisition of Canadian programming.

Application by Carl Gilbert, on behalf of a corporation to be incorporated, for a licence to operate a French-language FM commercial radio programming undertaking in Saguenay (zone La Baie).

The new station would operate on frequency 99.9 MHz (channel 260A) with an effective radiated power of 6,000 watts (non-directional antenna/antenna height of 18.3 metres).

The applicant proposes a pop-rock hit music format from the sixties to today.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Application by Les Productions du Temps perdu inc. to acquire the assets of the French-language FM commercial radio programming undertaking CJIT-FM Lac-Mégantic, Québec from 9063-0104 Québec inc., doing business under the name Radio Gaé-Rit Lac Mégantic.

The applicant is also requesting a licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence, upon surrender of the licence issued to 9023-0104 Québec inc.

The value of the transaction, based on the purchase and sales agreement, is 200,000 dollars. Tangible benefits of 12,012 dollars were proposed by the applicant.

In Revocation of the licences of exempted small cable distribution undertakings, Broadcasting Decision CRTC 2002-45, 19 February 2002, the Commission revoked the broadcasting licence of the BDU serving Maniwaki, held by the then licensee Vidéotron (RDL) ltée, pursuant to Exemption order respecting cable systems having fewer than 2,000 subscribers, Broadcasting Public Notice CRTC 2001-121 (Public Notice 2001-121), 7 December 2001.

Given that the BDU serving Maniwaki is no longer operating its head end and is now interconnected with Videotron Ltd.'s BDU serving Montréal, Quebec, the BDU serving Maniwaki no longer complies with the terms of the exemption order appended to Public Notice 2001-121, as subsequently amended by Amendments to the exemption order for small cable undertakings, Broadcasting Public Notice CRTC 2002-74, 19 November 2002, and must therefore obtain a broadcasting licence to continue its operations.

CF Cable is also proposing specific conditions of licence. Further details of these conditions are available in the application.

In Revocation of licence - Exempted cable broadcasting distribution undertakings that serve between 2,000 and 6,000 subscribers, Broadcasting Decision CRTC 2004-344, 13 August 2004, the Commission revoked, pursuant to Exemption order respecting cable broadcasting distribution undertakings that serve between 2,000 and 6,000 subscribers; and Amendment to the Broadcasting Distribution Regulations, Broadcasting Public Notice CRTC 2004-39, 14 June 2004 (Public Notice 2004-39), the broadcasting licence of the BDU serving Mont-Laurier, held by Videotron.

Given that the BDU serving Mont-Laurier is no longer operating its head end, and is now interconnected with Videotron's BDU serving Montréal, Quebec, the BDU serving Mont-Laurier no longer complies with the terms of exemption order appended to Public Notice 2004-39, and must therefore obtain a broadcasting licence to continue its operations.

Videotron is also proposing specific conditions of licence. Further details of these conditions are available in the application.

Application by Fondation Radio Enfant du Canada, on behalf of a corporation to be incorporated, for a licence to operate a French-language AM communityradio programming undertaking in Gatineau/Ottawa.

The new station would operate on frequency 1670 kHz with a transmitter power of 1,000 watts day-time and night-time.

The applicant proposes programming dedicated to children and to teenagers.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Application by My Broadcasting Corporation for a licence to operate an English-language FM commercial, radio programming undertaking in Pembroke.

The new station would operate on frequency 95.3 MHz (channel 237A) with an average effective radiated power of 1.62 kilowatts (maximum effective radiated power of 2.57 kilowatts/antenna height of 90.5 metres).

The applicant proposes a Classic Rock music format.

The applicant undertakes, by condition of licence, to broadcast a maximum level of 70% each broadcast week of Hit Material. This would be an exemption to the Commission's Hits Policy defined in Public Notice CRTC 1997-42 which states that ''the level of hits broadcast by English-language commercial FM stations be less than 50% of all musical selections broadcast each week.''

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Application by VENOA Communications Incorporated, on behalf of a corporation to be incorporated (VENOA),for a broadcasting licence to operate a Class 1 cable broadcasting distribution undertaking to serve the Greater Toronto Area.

VENOA is also proposing specific conditions of licence. Further details of these conditions are available in the application.

Application by Westwave Broadcasting Inc. for a licence to operate an English-language commercial FM radio programming undertaking in Powell River.

The new station would operate on frequency 105.3 MHz (channel 287B) with an effective radiated power of 3,000 watts (non-directional antenna/antenna height of 408 metres).

The applicant is proposing a Pop Adult music format that would feature approximately 40% pre 1980's music.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Application by Vista Radio Ltd. to convert radio station CHQB Powell River from the AM band to the FM band.

The new radio station would operate on frequency 94.1 MHz (channel 231C1) with an average effective radiated power of 8,600 watts (maximum effective radiated power of 45,000 watts/antenna height of 421 metres).

The proposed station would maintain its current adult contemporary music format and local programming focus, targeting listeners aged 25 to 54.

The applicant is requesting permission to simulcast the programming of the new FM station on CHQB for a period of 3 months from the date of implementation of the new FM station.

The applicant is also requesting, pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act, the revocation of the licence of CHQB effective at the end of the simulcast period.

This application requires the issuance of a new licence.

This application was first scheduled to be heard at a public hearing on 30 October 2006 (Notice of Public Hearing CRTC 2006-9, 31 August 2006) but was withdrawn upon receipt of interventions.

The Commission will consider the interventions already received, accepted and filed on the public file for the 30 October 2006 hearing as well as other interventions received in the context of this Public Hearing.

The intervention must be received by the CRTC and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays.

The intervention must include one of the following statements in either the first or the last paragraph:

1 - I request to appear at the public hearing.
2 - I do not want to appear at the public hearing.

Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.

Submit your written intervention to the Secretary General of the Commission in only one of the following formats:

by using the
Broadcasting Intervention/Comments Form

Or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy must be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.

Before initiating service through electronic mode, please ensure that you will be able to satisfy the Commission, upon request, that service of the notification was completed.

Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Each paragraph of the document should be numbered.

Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

In the event that the application is brought to the oral phase of the hearing, and if you wish to appear, you must provide reasons why your written comments are not sufficient and why an appearance is necessary.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

Note that all information that you provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission's web site at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission's web site. This information includes your personal information, such as your full name, e-mail address, postal/street address, telephone and facsimile number(s), and any other personal information you provide.

Documents received electronically or otherwise will be put on the Commission's web site in their entirety exactly as you send them, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The personal information you provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Examination of documents

An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.

A list of all interventions/comments will also be available on the Commission's Web site. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's Web site.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 2 working days, at any other CRTC offices and documentation centres.